Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1887-11-11
UNITED STATES COURT.

At the session of the United States
court held by Judge Wheeler at the Brooks
House last Tuesday and Wednesday hear
ings were had in two cases. viz
{. w. WHfers, receirer u.s. EdtUard A.
Soiotes, error, Margaret b. Soiules, trustee.
et dis.-ln this case decree for 81, 600 and
interest and costs had been entered in IA
Vor of the receiver and execution had is
sued with directions TO the marshal to lew
the same upon "the assets of the es
tate Of Hiram Bellows in the hands of the
said Edward A. Sowles, executor and for
want thereof, against such assets in the
hands Of Margaret b. Sowles, trustee of
Susan B. Sowles and for want thereof
against the goods, chattels and estate of
Susan b. Sowles, in her own hands, or in
the hands of Margaret b. Sowles, trustee. &"
The U. S. marshal, under the directions of
the receiver had levied said execution up
on the property of Susan b. Sowles in the
hands of Margaret b. Sowles her trustee
which had come to her under the will of
Hiram Bellows, and the same was adver-
tised to be sold ON the 23d inst, notwith-
standing the executor, Edward A. Sowles,
had designated and pointed out to the mar
shall real estate in his hands, assets belong
ing to the estate of Hiram Bellows
This was petition and motion filed by
the defendants to vacate said levy and for
the receiver to show cause why said execu-
tion should not be levied upon the property
pointed out and designated by the executor
The receiver contended that the real estate
designated by the executor us assets of Hi
ram Bellowss estate in his hands passed to
tue defendant Margaret b. Sowles by viz
the of IA decree of distribution of said es-
tate made by the probate court of Frank
lin county in March, 1891, and that said es-
tate had recently been encountered by an
attachment which he had made upon a suit
| brought by him against the said Margaret
| Il. Sowles to recover an assessment of $40,
| 900 upon bank stock owned by her at the
time of the insolvency of the First Nation
al bank of st Adams
The defendants contended that said real
estate did not pass to Margaret B. Sowles
by virtue of said decree of the Probate
court, but that 1t was still liable as assets OF
Hiram Bellows in the hands of his executor
to pay the Judgment and execution issued
upon the decree aforesaid. That if there
was any question upon that score, then the
said Margaret stood ready to execute any
writing which would confirm, as far as she
was concerned, good title in the purchaser
under the marshal's sale. That sale OF
the property upon which the marshal hat
levied said execution would involve the par
ties and others in further litigation. which
ought TO be avoided. And further, thai
while there was property in the hands Of
the executor it should first be made to re
spond to the judgment, and that the cour
had full authority and was in duty bounC
to see to it that its orders and DEGREES wer,
respected and obeyed.
c. w. Writer'S for himself Haskins anC
E. A. Sowles for the defendants.
Chester W. Writer'S, Receiver, rs. Alder
SoiCles aud his dSSignees IN Insolvency.
This was bill in chancery brought to con
firm the title of the receiver to Ger
tain property which the said Albert Sowles
cashier of the First National bank of st
Adams, assigned and delivered to said banl
as security for his own Indebtedness to sal,
association. The assignees sought to Sc
said assignments aside as being an unlawful
preference and in fraud of the insolven
laws. The case was heard here last Jul
and had been decided This was "A re-hear
ing upon application of the defendant
predicated upon newly discovered evidence
Writer'S for himself, Harrington and Bur
for the defendants
The decision in both the cases was IT
served.